In a world with an intellectual history of seven thousand years behind it, where do Pakistanis stand, what are they doing, what do they aspire to be, and what ought they to be doing? This Blog takes Notes of all of that ...

Tuesday, March 7, 2017

With JUI (F), MQM, and PML (Q) once again out to test their
gamesmanship, and ANP, PML (N), the Army, and the political-religious parties
outside waiting in the wings, it seems Pakistan is all set to brace for another
bout of political crisis - leaving us the people bewildered what the hell is
the direction they are all moving Pakistan into!

That there is no sense of direction in what is happening or cooking to
happen is not far from the truth. An 18th Amendment, a 7th NFC Award,
autonomous status for Gilgit-Baltistan, or the Reconciliation mantra appear
like in-connectible jots on a maze of unattended urgencies.

This is an attempt to refresh memories of us all, especially the
politicians and the Armymen, with the sense of direction reached in 1973.

A constitution is never a political document. It is not to be used, or
manipulated politically. Nor is it for the politicians to amend or suspend at
their will. At best, a constitution is a theory of conduct both for individuals
and institutions. In this sense, it is a moral document. Taking it otherwise is
fatal to the soul of a constitution.

Thus, if a constitution is used and manipulated for political purposes,
its moral tenor is lost. Likewise, if a constitution is amended and suspended
at will, it is reduced into a political statement. This is the case in
Pakistan.

Historically, in the sub-continent Muslim and Hindu communities’ leaders
could not agree on a theory of conduct to rule their people. That
constitutional failure led to the making of Pakistan and India.

In Pakistan, again its leaders proved they lacked moral insight and could not
reach a theory of conduct. Instead, they continued fighting for political
interests. So much so that in 1971, the chronic fighting of individuals and
institutions dashing all the hopes to reach an agreed theory of conduct to rule
both the wings finally resulted in the formation of another country out of
Pakistan.

The period from 1947 onward witnessed ‘constitutional’ anarchy let
loose. After about fourth of a century and an unhappy separation of half the
Pakistan, the rest of the country came to have a Constitution in 1973. In this
case, it was always late to mend.

But, the ruling party that gave (West) Pakistan a Constitution is the
very party that disfigured the same constitution most. The constitution that
was adopted on April 12, 1973, from May 8, 1974 to January 4, 1977, underwent
seven amendments, six by the same assembly and the seventh by the next
short-lived assembly of the same party. Obviously, from the very start the
constitution could not achieve the status of a moral document and a theory of
conduct as well. The acts belied the intentions.

Then, there was the Army, an all powerful institution, which never
subscribed to any theory of conduct whatsoever. They created a moral vacuum in
the country. The greatest damage they caused to this nation is not through the
suspension or partial/total abrogation of the constitution; it’s the
destruction of moral and social values. They are the perfect immoralists.

After them, it was leaders of the political parties who used their
parties as pressure groups to achieve their motives. They were the political
agents of various Pakistani elites who were out-and-out immoralists. They used
the constitution to further their political and elitist interests.

Another party to this crusade against the constitution was the
judiciary. They were the thoroughgoing immoralists and champions of a new
theory of misconduct. For them, under necessity everything could be validated.
No theory of conduct or no moral code could stop them from fulfilling the
demands of the immoralists. The moral document was immorally brutalized by its
very custodians.

However, with the emergence of an independent judiciary, supremacy of
the constitution, rule of law, and fundamental rights were dug up and started
to be upheld. Not only the theory of conduct but the code of conduct also
became a matter of everybody’s concern. Somehow, if that awakened a civil
society from its “directionless” slumber, on the one hand, on the other it did
resuscitate the moral conscience of the people also.

Many a coalition made and broke after the February 2008 elections. These
or any other coalitions are not an end in-themselves. What matters is whether
this practice strengthens the constitution or weakens it as a moral statement.
If a coalition breaks down such as the recent one, quitting of the JUI (F) from
the government, there is little for the constitution to gain. In fact, all such
moves trash the constitution into political triviality.

Though, the rule of law movement set the constitution of Pakistan to
emerge as a moral document embodying a theory of conduct for all individuals
and institutions strictly to follow, but no political party or no state
institution and especially the Army sees it as such. Old habits die hard!

In view of this sense of a direction, the conduct of political parties
and the Army is going to decide the fate of the constitution as a moral
document is a misreading. It is for them to realize that it is the constitution
which is going to decide their fate in the long run. Willy-nilly they will have
to revert to the constitution as a moral document to compass their sense of
direction if they want to survive. Their politics should have to be subservient
to the theory of conduct the constitution represents.

The last three decades, especially, of trampling the constitution by the
civilian and military usurpers prove that politics without a theory of conduct
and without a moral code is worse than robbery and murder, and more than what
was condoned under the National Reconciliation Ordinance. Hence, in order to
prove their worth, political parties and the Army must check with their
political sense of direction. Otherwise, they are in a moral vacuum and may
meet moral death!

The Blogger

The blogger cherishes a cosmopolitan spirit; he is a moralist; a rationalist; a philosopher; a political philosopher; he believes in Classical Liberalism, as a Theory of Conduct.
He has substantially contributed to the founding of the first free market think tank of Pakistan, Alternate Solutions Institute.
He is a writer who wrote / published dozens of articles on a variety of issues, and is author of 4 books.
He wrote / published short-stories in Punjabi, a regional language of Pakistan.
He composes poetry both in Urdu and Punjabi, and has already published one collection.